Section 183 in The Gujarat Municipalities Act, 1963
183. Power and duties with regard to dangerous, stagnant or insanitary sources of water supply.
(1)The Chief Officer may at any time by written notice require that the owner of or any person who has control over any well, stream, channel, tank or other source of water supply, shall, whether such sources is private property or not, within a reasonable time to be specified in the notice, or in any case falling under clause (d) within twenty-four hours of such notice-(a)keep and maintain any such source of water-supply, other than a stream in good repair, or(b)cleanse any such source of water-supply from silt, refuse and decaying vegetation, or(c)in such manner as the Chief Officer may prescribe, protect any such source of water-supply from pollution by surface drainage, or(d)repair, protect or enclose in such manner as the Chief Officer approves, any such source of water-supply other than a stream in its natural flow, if for want of sufficient repair, protection or enclosure, such source of water-supply is in the opinion of the Chief Officer dangerous to the health or safety of the public or of any person having occasion to use or to pass or approach the same, or(e)desist from using and from permitting others to use for drinking purposes any such source of water-supply, other than a stream in its natural flow, which is proved to the satisfaction of the Chief Officer to be unfit for drinking, or(f)if notwithstanding any such notice under clause (e) such use continues and cannot in the opinion of the Chief Officer be otherwise prevented, close either temporarily or permanently or fill up or enclose or fence in such manner as the Chief Officer considers sufficient to prevent such use, such source of water supply as aforesaid, or(g)drain off or otherwise remove from any source of water-supply or from any land or premises or receptacle or reservoir attached or adjacent thereto, any stagnant water which the Chief Officer considers injurious to health or offensive to the neighbourhood.(2)Remedy on non-compliance with directions issued. - If the owner or person having control as aforesaid, falls or neglects to comply with any such requisition within the time specified by or under the provision of sub-section (1), the Chief Officer may, and if in his opinion immediate action is necessary to protect the health or safety of any person, shall at once proceed to execute the work required by such notice; and all the expenses incurred therein by the Chief Officer shall be paid by the owner of, or person having control over, such water-supply, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX:Provided that in the case of any well or private stream or of any private channel, tank or other source of water-supply, the water of which is used by the public or by any section of the public as of right, the expenses incurred by the Chief Officer or necessarily incurred by such owner or person having such control, may, if the executive committee so direct, be paid from the municipal fund.
